Young v. Syracuse, Binghamton & New York Railroad

The trial fee of thirty dollars must be disallowed. There has been only one trial of the action and for that plaintiffs, without objection, have been allowed to tax a trial fee. The assessment of damages is not a trial, or, as claimed, an inquest so as to allow plaintiff to tax a trial fee. The other disbursements are allowed and the motion to disallow them'denied. I have no doubt that their allowance is amply provided for by the provisions of sections 3228 and 3256, Code.

Ordered accordingly.